New York Criminal Procedure Law Code § 310.60

Discharge of jury before rendition of verdict and effect thereof
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§ 310.60  Discharge of jury before rendition of verdict and effect\n             thereof.\n  1.  A deliberating jury may be discharged by the court without having\nrendered a verdict only when:\n  (a)  The jury has deliberated for an extensive period of time without\nagreeing upon a verdict with respect to any of the charges submitted and\nthe court is satisfied that any such agreement is unlikely within a\nreasonable time; or\n  (b)  The court, the defendant and the people all consent to such\ndischarge; or\n  (c)  A mistrial is declared pursuant to section 280.10.\n  2.  When the jury is so discharged, the defendant or defendants may be\nretried upon the indictment.  Upon such retrial, the indictment is\ndeemed to contain all counts which it contained, except those which were\ndismissed or were deemed to have resulted in an acquittal pursuant to\nsubdivision one of section 290.10.\n

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